Was Hand-Written Note an Enforceable Contract of Sale? Andres Tobon sued Pita Off The Corner, Inc., Falafel Off the Corner, Inc. Leor Yohanan, Miriam Yohanan and other members of their family for breach of contract, unjust enrichment, and fraud, arising from the failed sale of a Manhattan falafel restaurant. Tobon moved for summary judgment on his second and third causes of action in the principal sum of $50,000. In support of his application, Tobon submitted the verified complaint. The attorney-verified answer with counterclaim; an attorney’s affirmation; a transcript of an appearance by Tobon by counsel, and Leor Yohanan, pro se, before Justice Kathryn… Read more
Litigation/Trial Law
Teenager Steals Car & Kills Woman in a Collision:
Was Owner of Car Liable to the Estate ? On November 23, 2015, Sharlene Stinson was killed in an automobile collision when her car was struck by a van stolen by a teenager. The van, which belonged to Blasco Beltran, was stolen from his driveway on November 14, 2015. The estate brought a wrongful death action against Beltran, as the owner of the vehicle. Beltran moved for summary judgment dismissing the complaint. And submitted evidence that he reported the theft to the police on November 14, 2015. The incident report from that date indicated that Beltran told the officer he… Read more
Intoxicated Passenger Injured in Jump from Ambulance:
Were EMTs/New York City Liable for Negligent Transport? Yaugeni Kralkin allegedly was injured when (apparently intoxicated) he unbuckled his restraints and jumped from a New York City ambulance while being transported to a hospital. Supreme Court granted the City’s motion for summary judgment dismissing the complaint. Kralkin appealed. Under the doctrine of governmental function immunity, government action, if discretionary, may not be a basis for liability. But ministerial actions may be, but only if they violate a special duty owed to the plaintiff, apart from any duty to the public in general. A public employee’s discretionary acts may not result… Read more
Service Dog Adopted Out of Animal Care Without Notice to Owner:
Would Court Intervene/Assist Recovery on Emergency Basis? Denise McCurrie suffered from anxiety and depression and lived on disability payments. On April 16, 2021, she experienced a medical emergency at her residence, requiring the services of an ambulance. Two Emergency Medical Technicians and two police officers arrived at her home. McCurrie was transferred by ambulance to a hospital, and the police officers took her dog Roscoe to the New York City Animal Care Center. She alleged that she made the police officers aware that Roscoe was an emotional support animal. A few days later, McCurrie contacted the police and inquired as… Read more
Catch Basin Overflow Causes Water Damage in Port Jervis
Was City Liable to Homeowner for Resulting Loss? A “catch basin” maintains proper drainage and traps debris to prevent pipes downstream from becoming clogged. Solid waste settles to the bottom. And water drains out of the pipe. But was there liability when a city-maintained catch basin overflowed onto neighboring property? Irene Klostermeier sued the City of Port Jervis to recover damages for trespassing and nuisance caused by water runoff onto her property. The complaint alleged that a storm drain on Klostermeier’s property, that the City of Port Jervis replaced in 2015, failed to properly drain storm water, causing water to… Read more
Sibling Challenges 1990 Lease by Parents to Son and Daughter-In-Law
Was Photocopy of Lease Dispositive Evidence of Lost Original? Many real property disputes arise out of written contracts, such as a lease. The “original” lease is the “best evidence” of the agreement. With the passage of time, the original document often cannot be found. As a recent case illustrates, the Court must then determine if what is propounded as a photocopy is an evidentiary substitute for the original. Peter and Elizabeth Casanas, husband and wife, sued Carlei Group, LLC, alleging that in 1990, they executed a lease with the owner of the building located at 73 West 82nd Street, in… Read more
Does “Active Concealment” Trump “Caveat Emptor”?
Did Seller Hide Defect in House from Buyer/Inspector? It is a customary practice for a homebuyer to personally—or through a professional—inspect the residence either before a contract is signed or the transfer of title takes place. And New York is a “real property (caveat emptor) buyer beware” jurisdiction when it comes to such inspections. But what is a Court to do when the buyer discovers defects after the sale closed and claims that the conditions were deliberately concealed by the seller? In a small claims action, Alexandra Daquila-Imbruglia sought to recover $10,000 from Universal Building Solutions Corp., its principal, Christopher Reno,… Read more
Pedestrian Trips and Falls On Raised Sidewalk Near Overgrown Tree in Queens:
Court Navigates Administrative Code: Was City Negligent/ Liable for Injury? Commentators will probably disagree on whether or not the rules and exceptions of the New York City Administrative Code are as (or more) complicated and difficult to navigate than the United States Code, in general, or the Internal Revenue Code, in particular. But, as a recent case illustrates, the labyrinthine Administrative Code arguably gives its convoluted Federal counterparts a run for the money. On March 5, 2017, Konstantinos Gallis allegedly was injured when he tripped and fell on an uneven or raised condition of a sidewalk that abutted property in… Read more
Jesup Avenue Contract Dispute Faces Legal Analysis:
Did Questions of Fact Preclude Summary Judgment? Our Courts often face cross-motions for summary judgment by both parties to a dispute with each claiming that the material facts are not in dispute and they are entitled to judgment as a matter of law. As a recent case illustrates, that scenario may lead to neither of the parties being granted the relief sought because the Court nevertheless finds irreconcilable questions of material fact that preclude judgment as a matter of law. Abuacar Jawara and Aicha Triore alleged that, in May 2018, Benedict Araka agreed to sell them the premises he owned… Read more
Mom Alleged Son Was Bullied and Taunted at Junior Tennis Matches/Academies:
Was There Liability for Defamation? Or Was Communication Privileged? A mother believed her son was bullied and harassed by another participant at junior tennis lessons, training and events, and sent email to the sports’ governing body. As a recent case illustrates, the Court was called upon to determine if that communication was defamatory or privileged. Melani Weitz reported, via email, to a United States Tennis Association official that her son, Daniel, was being bullied by Matthew Porges at USTA junior tennis tournaments and other tennis programs and events. The bullying ranged from offensive name-calling to physically menacing behavior, and it… Read more